Terms Of Service

The services provided by Bid13.com (hereinafter referred to as "Bid13") includes the Bid13.com website, listings, articles, applications, and any other featured content provided by Bid13.com. Upon registration of Bid13, Visitors (someone who browses Bid13) and Members (someone with a registered account with Bid13) (hereinafter referred to as "Users") agree to register to Bid13's abandoned auction mailing list. Users are able to opt-out of Bid13's mailing list at any time. Bid13 services are hosted and sponsored throughout the U.S. and Canada.

The Terms of Use Agreement (hereinafter referred to as the "Agreement") defines the legally binding terms of use of the Bid13 services. This Agreement is a legally binding instrument between the User and Bid13 and, if applicable, the individual storage facility. By using Bid13 services, you agree to be legally bound by this Agreement, whether you are accessing the website as a "Visitor" or a "Member".

This Agreement outlines the policies of Bid13.com for acceptable use of our services and content offered through the website, the Users obligations, rights and limitations in regards to use of Bid13's Privacy Policy and services. To engage in certain Bid13 services, it may require the User to agree to additional Terms and Conditions. Unless otherwise stated by the additional Terms and Conditions in relation to Bid13 services in which the Users agree to, those additional terms are hereby incorporated into this Agreement.

Before access or use of any services on Bid13, please read the ENTIRE AGREEMENT CAREFULLY. By engaging in Bid13's services, the Users declare that he/she are over eighteen (18) years of age and are otherwise capable of forming a legally binding contract, and that the Users agree to abide and be legally bound by this Agreement. If you are under the age of eighteen (18), or otherwise incapable of forming a legally binding contract, or do not agree with any part of this Agreement, PLEASE DO NOT USE BID13 SERVICES.

This Agreement is subject to change at any time. We reserve all the rights, exercisable in our sole discretion, to change, modify, add to, subtract from, or otherwise amend the terms of the Agreement. Unless otherwise stated, all changes, modifications, or other amendments shall be effective immediately when posted on Bid13.com. Also, once any additional modifications are posted by using Bid13.com, the Users agree to be bound by all relevant changes. For this reason, it is important that you review this Agreement frequently to ensure you are updated.

1. BIDDER/BUYER

The Buyer/ Bidder (hereinafter referred to as the "Buyer") is responsible for understanding the following terms. The Buyer hereby agrees to the following terms of this Agreement and accepts the fact that he/she is agreeing to a legally binding contract by placing a bid.

Upon winning an auction, the Buyer will be charged a 15% NON-REFUNDABLE BUYERS PREMIUM based on the final winning bid amount immediately after the auction closes. This is an additional fee that a winning Buyer is obligated to pay above the winning bid amount.

Unless stated otherwise in the description of the auction, there is a $200.00 refundable cash deposit. The deposits are not included in auction prices. The deposit will be fully refunded upon the unit being cleared of all items and cleaned appropriately. For clarity, Bid13 DOES NOT COLLECT THE DEPOSIT, IT IS PAID TO THE FACILITY DIRECTLY. FAILURE TO REMOVE ALL ITEMS will void the deposit and all items left will be discarded.

The Buyer also agrees unless otherwise stated on the auction detail page, that the moment the auction closes, if they do not pick up the auction unit contents within 3 days (72 hours), he/she will be banned from Bid13. The Buyer will forfeit all content, be charged for the full amount of the final auction price, as well as the buyers fee.

The location of the auction unit will determine the Buyer's fee, deposit, abandonment penalty and final auction currency required. If the auction unit is located in Canada, the buyer will receive an invoice in CAD currency. If the auction unit is located in the United States of America, the Buyer will receive an invoice in USD currency.

PROVINCIAL/ STATE SALES TAXES ARE NOT INCLUDED IN THE FINAL BIDDING PRICE AND/ARE INCLUDED UPON FINAL PAYMENT.

BID13 ALSO CHARGES PROVINCIAL SALES TAX (ONLY IN CANADA) IN ADDITION TO THE 15% BUYER FEE.

BIDDERS FEES ARE NON-REFUNDABLE. BID13 WILL NOT TAKE LIABILITY FOR LOSSES INCURRED IN THE PICKUP PROCESS OF THE UNIT. ALL BUYERS MUST CONTACT THE FACILITY IN ADVANCE BEFORE PICK UP. ALL LIABILITY WILL BE ON THE BUYER TO COORDINATE WITH THE FACILITY APPROPRIATELY FOR A SET PICK UP DATE AND TIME.

ALL BIDS PLACED ON BID13.COM ARE FINAL, AND CANNOT BE REVOKED UNDER ANY CIRCUMSTANCES.

2. SELLERS

This AGREEMENT between Bid13 AND each Storage Facility auctioning abandoned units (hereinafter referred to as the "Seller") are as follows:

• The Seller understands and agrees that Bid13 does not represent or warrant the legality of the online collection of bids for self-storage unit. Bid13's provision of the service does not constitute legal advice regarding the use of services within the Seller's Province/State.
• The Seller understands that they are responsible for consulting with their own legal counsel regarding the Seller's use of this service.
• The Seller understands that in order to legally collect bids online, and;
• The Seller MUST REVIEW THEIR APPLICABLE LIEN LAWS FOR THEIR JURISDICTION AND ADJUST THEIR LIEN PROCEDURES ACCORDINGLY, PARTICULARLY IN REGARDS TO ALL LEGAL NOTICES FOR SELLER'S AUCTION.

BID13 IS AN EXPOSED AGENT FOR THE STORAGE FACILITY THAT IS SELLING PROPERTY LISTED FOR SALE. FURTHERMORE, BID13 IS A CHANNEL FOR CONVEYING THE SALE ONLY. The services Bid13 provides is solely for the online advertising, marketing and collection of bids, in order to make public storage auctions held at self-storage facilities more accessible to the public, while minimizing the inconvenience to the Seller.

Bid13.com will allow the Seller to post a marketing video and pictures of their abandoned storage facility units on Bid13.com for the purpose of the Seller's marketing advertising its abandoned storage unit's contents for public auction. For clarification, BID13 IS NOT REPRESENTING THE SELLER OR THE POTENTIAL BUYERS AND IS PROVIDING THE SERVICE OF MARKETING VIDEO CONTENT OF THE UNIT, AND SUBSEQUENTLY RECORDING THE BIDS MADE BY THOSE REGISTERED BIDDERS PARTICIPATING IN THE ONLINE AUCTION.

FOR CLARITY, BID13 IS NOT AN AUCTIONEER WEBSITE, OUR WEBSITE IS RAN AND CONSIDERED AS A DISCLOSED AGENT FOR EVERY STORAGE FACILITY THAT SIGNS UP AND USES OUR SERVICES. THE ACTUAL ACTION AND SALE ARE CONDUCTED BY THE STORAGE FACILITIES AT THEIR FACILITY. BID13 SIMPLY JUST PROVIDES THE PLATFORM FOR THE STORAGE FACILITIES, SO THAT BIDDERS HAVE A SAFE AND RELIABLE PLACE TO GO AND BID. THIS PLATFORM PROVIDES A SMOOTHER PROCESS FOR STORAGE FACILITIES TO AUCTION AND RETRIEVE A WINNING BIDDER.

The Seller hereby ACKNOWLEDGES AND AGREES TO BE BOUND AND ABIDE BY THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS:

The SELLER hereby CONFIRMS:

• That they have ACKNOWLEDGED, RESEARCHED AND COMPLIED with ALL Provincial/State laws with regards to liens, abandoned personal property and online bidding for the Units they list on Bid13. This includes but is not limited to lien procedures, the inventory of units, notices to the tenant, public advertisement of bids and sale, and the disposition of protected property; and
• To agree and abide that they are obligated to clearly specify before any marketing can commence on Bid13.com; if any Units are not delinquent or are units containing donated items to be auctioned for a charitable cause; and
• To agree to ANY AND ALL LIABILITY for any claim they may arise from the sale of the units on the site; and
• That they are legally authorized to sell the personal property in the units and its ownership is able to be fully transferred to the buyer free from any other claim; and
• That all information provided regarding the Seller's identity is accurate and true. Furthermore, in the event that the Seller provides ANY MISLEADING OR FRAUDULENT INFORMATION regarding the personal property in the units, or the lien status of the contents, the Seller shall be LIABLE for all costs in relation to any dispute raised by the claim; and
• That they remain solely responsible for any statements which the Seller makes about the units, contents of the units, the status of any liens on any personal property in the unit, or any description of any personal property in the units including but not limited to ownerships, origin, date, age, value, and/or authenticity; and
• That all the information presented in the online listings description regarding the personal property is accurate and true. The Seller shall review the marketing video produced by Bid13, and advise Bid13 within one (1) business day of any corrections. If the Seller does not advise Bid13 of any corrections, they shall be deemed to have conclusively accepted the accuracy of the marketing video. THIS WILL AUTHORIZE BID13 TO ADVERTISE THE MARKETING VIDEO CONTENT IN SOLE DISCRETION; and
• That they understand and agree Bid13 has ABSOLUTE DISCRETION TO REFUSE TO LIST ANY PERSONAL PROPERTY IN THE UNITS FOR ANY REASON; and
• They understand that the Buyer will be charged the winning bidder fee of 15% OF THE FINAL BIDDING PRICE immediately after they are declared to have the highest bid at the conclusion of the auction; and
• They acknowledge and agree that once a winning bidder is declared by Bid13 and ONCE Bid13 has successfully received the transaction of the winning bid fee (15% of final bidding price), the completion of the transaction will be undertaken directly and solely between the Buyer and the Seller. The Seller can cancel the auction at any time up until the entire unit contents have been completely removed from the property by the Buyer; and
• That they understand Bid13 is obligated to provide the Buyer and the Seller with a statement of the amount of the winning bid for reconciliation purposes, and the Seller with a copy of the bidding history of the unit for the Seller's records. This will be presented as a post on the Sellers online account at Bid13.com; and
• That they acknowledge that Bid13 cannot guarantee a Buyer's commitment or ability to pay. Bid13 is not liable to the Seller if a Buyer cannot pay the amount due or does not show up/contact the Seller to make payment and retrieve Personal Property; and
• They acknowledge that they are not obligated to accept any bids, can cancel and withdraw the unit(s) from the auction in its sole and absolute discretion at any time prior to the collection of all contents of the unit by the Buyer. HOWEVER, if the Seller accepts a bid on a unit, they MUST ACCEPT the highest bid made on that unit in order to comply with all Provincial/State laws; and
• That they understand that if a winning bidder revokes on his/her bid, the Seller may offer the unit to the next bidder, or repost the unit for auction again; and
• They undertake and agree that if the Buyer should request, they MUST IMMEDIATELY provide Bid13 with a certified record of the unit's history.

3. ACCOUNTS/PERSONAL INFORMATION

A User's account is identified by their Bid13 email address as the Username; solely the User is the only party authorized to use this Username. Users are responsible for maintaining the confidentiality of any account information and their registered account with Bid13.com. Any taken actions, included but not limited to sales and bids made using your Bid13 account are the User's responsibility.

INDIVIDUALS SHALL NOT MAINTAIN MULTIPLE REGISTERED ACCOUNTS OR USERNAMES WITH BID13.

When you register with Bid13, a password will need to be selected to access Bid13.com services. The User is solely responsible for maintaining the security and confidentiality of the password. The User agrees not to disclose the password to any third party and are solely responsible for any use of or action taken under the password on Bid13.com.

USERS AGREE that their personal information:

• Will not be false, inaccurate, frivolous, or misleading; and
• Will not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or right of publicity or privacy; and
• Will not violate any of the Provincial/State laws, statute, ordinance, or regulation (including with limitation hose governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); and
• Will not defame, trade libel lawful threatening, unlawfully harassing, or obscene; and
• Will not contain any computer viruses or other computer programs, scripts, or instructions that are intended to damage or detrimentally interfere with the operation or use of Bid13.com services, and/or to expropriate any proprietary computer system information, confidential data and/or personal information relating to access of Bid13 services; and
• Will not create any liability for Bid13 or cause Bid13 to lose any part of the agreement of its internet service providers and/or other suppliers and business affiliates; and
• Will not contain any links to or from other information or websites for which the Users do not have the right to make or reproduce such links.

BY REGISTERING, USERS AGREE TO IMMEDIATELY UPDATE ACCOUNT REGISTRATION INFORMATION IN ORDER TO KEEP IT CURRENT, COMPLETE AND ACCURATE.

By registering with Bid13 you are allowing Bid13.com to use your information, and all information on Bid13 is subject to inspection. THE USER HEREBY GRANTS US A NON-EXCLUSIVE, WORLDWIDE, ROYALTY-FREE, SUB-LICENSABLE (THROUGH MULTIPLE TIERS) RIGHT TO EXERCISE THE COPYRIGHT AND PUBLICITY RIGHTS (BUT NO OTHER RIGHTS) THAT THE USER MAY HAVE IN THEIR INFORMATION, IN ANY MEDIA NOW KNOWN OR USER HEREINAFTER EXISTING, WITH RESPECT TO THE USERS INFORMATION WHILE USING BID.13.COM.

Bid13.com is highly committed to protecting your rights to privacy. Click here for our Privacy Policy, which is incorporated by reference into, and made part of this agreement.

By agreeing to the Terms of Use of this Agreement, the User also gives your consent to the way we may use your information pursuant to the privacy policy.

The User may not use any information regarding other participants which is accessible from the website or disclosed to the User by Bid13.com except to enter into and complete transactions.

IF YOU BELIEVE THAT YOUR ACCOUNT AND/OR PASSWORDS HAVE BEEN MISUSED OR COMPROMISED, PLEASE CONTACT US IMMEDIATELY.

4. COMPLIANCE

The USER ACKNOWLEDGES that Bid13 reserves the right to:

• Ban any bidder with disreputable bidding history, deemed to be derogatory or disruptive to other bidders, storage companies, or Bid13
• Null and void any bid placed on an auction by the tenant, friend of the tenant, or relative of the tenant
• Revoke any bid placed on any auction at any time at Bid13's discretion.

The User shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the User's use of Bid13's services and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.

The User may only use Bid13 services for lawful purposes and in a lawful manner. The User agrees to comply with all applicable laws, statutes and regulations regarding use of Bid13 services and any transactions that may be conducted by means of Bid13 services.

The User may not register to use any services under a false name, or use an invalid or unauthorized credit card in connection with any Bid13 services. The User may not impersonate any other User of Bid13 services, or make use of another User's password(s). Such activity is considered fraudulent and this kind of conduct is a violation of Provincial/State criminal laws.

ALL FRAUDULENT CONDUCT MUST BE REPORTED IMMEDIATELY TO BID13.COM AND MAY BE REPORTED BY BID13 TO LAW ENFORCEMENT.

BY BECOMING A USER, YOU ACKNOWLEDGE ANY FRAUDULENT WILL BE REPORTED; BID13 WILL COOPERATE WITH THE LAW ENFORCEMENT TO ENSURE THE VIOLATORS ARE PROSECUTED.

Without limiting other remedies, Bid13 may immediately issue a warning, temporarily suspend, definitely suspend or terminate the User account and/or refuse to provide Bid13 services:

• If this Agreement or any of the Additional Agreements it incorporates by reference or other agreements entered into Bid13.com are breached; and
• If Bid13 is unable to verify any information provided to Bid13.com; and
• If Bid13 believes the User's actions may cause a legal liability for the User, Bid13, any other third-party affiliates.

The User agrees to indemnify, defend, and hold Bid13 and its affiliates, and their respective officers, directors, owners, agents, information providers, and licensors harmless from any and all claims, liability, losses, costs, and expenses (including but not limited to attorney fees) incurred by any licensor in connection with any use or alleged use of Bid13 services under the User's password by any person, whether or not authorized. Bid13 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to cooperate with Bid13 defense of such a claim.

5. DISCLAIMER

BID13 IN NO EVENT WILL BE LIABLE UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND ARISING IN CONNECTION WITH USE OF BID13 SERVICES AND BID13.COM.

IF BID13 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, OR DAMAGE; WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE USER AGREES THAT BID13, IT'S DIRECTORS, OFFICERS, EMPLOYEES AND OTHER AGENTS AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO:

• THE DENIAL OR INTERRUPTION OF ACCESS TO BID.COM;
• ANY INACCURACIES IN ANY OF THE INFORMATION DISPLAYED ON OR PROVIDED THROUGH OR WITH BID13;
• THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE LISTED ON BID13.COM, INCLUDING AND WITHOUT LIMITATION TO, ALL DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THAT PARTICULAR USER

6. RULES IN REFERENCE TO STORAGE UNIT ACTION

In accordance to the applicable Provincial/State lien laws, these rules outline the process of bidding on and winning contents of self-storage units being auctioned:

• None of the property in the unit is subject to a superior lien, to the bestow the Seller's belief
• All sales are FINAL, no refunds or exchanges
• All units are sold on an "AS IS" and "WHAT YOU SEE IS WHAT YOU GET" basis. BID13 IS NOT RESPONSIBLE FOR ANY INACCURACY OF UNIT DESCRIPTIONS ON THE AUCTION DETAIL PAGE.
• There are no guarantees or warranty on the units
• Once a bid is closed and awarded, the Buyer has no ability to terminate the sale
• All unit contents should be thoroughly inspected prior to leaving the premises for illegal substances or materials
• The storage facility is not liable for any illegal contents removed from the storage unit by the winning bidder
• Payment for the winning bid amount is to be made directly to the storage facility in the payment method noted in their payment policies
• Sales tax is applicable and charged in accordance with local, Provincial/State and Federal law
• Any items of a personal nature including but not limited to wedding licenses, birth certificates, and tax records found in the storage units are excluded from the sale and must be left with the Seller's facility staff before leaving
• Removal of any items of personal nature as stated above is illegal in some Provinces/States and a violation of this agreement.

ADDITIONAL RULES BY SALE AND/OR FACILITY MAY BE SPECIFIED AND SHOWN ON THE AUCTION DETAIL PAGE ARE BINDING AGREEMENTS WITH BID13.COM.